Competition and Consumer Act 2010

Sections and provisions with full text and the judgments that cite each one.

Section 44U — Parties to the arbitration

The parties to the arbitration of an access dispute are: (a) the provider; (b) the third party; (c) any other person who applies in writing to be made a party and is accepted by the Commission as…

Section 44ZU — Variation of final determinations

(1) The Commission may vary a final determination on the application of any party to the determination. However, it cannot vary the final determination if any other party objects. Note: If the…

Section 44AV — Leave of absence

(1) A full-time AER member has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant a full-time AER member leave of absence, other than…

Section 44V — Determination by Commission

(1) Unless it terminates the arbitration under section 44Y, 44YA, 44ZZCB or 44ZZCBA, the Commission: (a) must make a written final determination; and (b) may make a written interim determination; on…

Section 44ZV — Constitutional limits on operation of this Division

This Division does not apply to a contract unless: (a) the contract provides for access to a declared service; and (b) the contract was made after the service was declared; and (c) the parties to the…

Section 44AW — Other terms and conditions

An AER member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.

Section 44W — Restrictions on access determinations

(1) The Commission must not make a determination that would have any of the following effects: (a) preventing an existing user obtaining a sufficient amount of the service to be able to meet the…

Section 44ZW — Registration of contract

(1) On application by all the parties to a contract, the Commission must: (a) register the contract by entering the following details on a public register: (i) the names of the parties to the…

Section 44AX — Outside employment

(1) A full-time AER member must not engage in paid employment outside the duties of the member’s office without the Minister’s consent. (2) A part-time AER member must not engage in any paid…

Section 44X — Matters that the Commission must take into account

Final determinations (1) The Commission must take the following matters into account in making a final determination: (aa) the objects of this Part; (a) the legitimate business interests of the…

Section 44ZX — Review of decision not to register contract

(1) If the Commission decides not to register a contract, a party to the contract may apply in writing to the Tribunal for review of the decision. (2) An application for review must be made within 21…

Section 44AY — Disclosure of interests

(1) If an AER member has any direct or indirect interest in a matter being considered, or about to be considered, by the AER, being an interest that could conflict with the proper performance of the…

Section 44Y — Commission may terminate arbitration in certain cases

(1) The Commission may at any time terminate an arbitration (without making a final determination) if it thinks that: (a) the notification of the dispute was vexatious; or (b) the subject matter of…

Section 44ZY — Effect of registration of contract

The parties to a contract that has been registered: (a) may enforce the contract under Division 7 as if the contract were a determination of the Commission under section 44V and they were parties to…

Section 44AZ — Resignation

(1) An AER member may resign his or her appointment by giving the Governor-General a written resignation. (2) The AER Chair may resign his or her appointment as AER Chair by giving the…

Section 44Z — Constitution of Commission for conduct of arbitration

For the purposes of a particular arbitration, the Commission is to be constituted by 2 or more members of the Commission nominated in writing by the Chairperson.

Section 44ZZ — Prohibition on hindering access to declared services

(1) The provider or a user of a service to which a third party has access under a determination, or a body corporate related to the provider or a user of the service, must not engage in conduct for…

Section 45 — Contracts, arrangements or understandings that restrict dealings or affect competition

(1) A corporation must not: (a) make a contract or arrangement, or arrive at an understanding, if a provision of the proposed contract, arrangement or understanding has the purpose, or would have or…

Section 45AA — Simplified outline

The following is a simplified outline of this Division: • This Division sets out parallel offences and civil penalty provisions relating to cartel conduct. • A corporation must not make, or give…

Section 45AIA — Section 4AB of the Crimes Act does not apply

Section 4AB of the Crimes Act 1914 does not apply to any provision of this Subdivision.

Section 45AMA — Acquisition subject to notification

(1) Sections 45AF and 45AJ do not apply in relation to the making of a contract that contains a cartel provision, in so far as the cartel provision provides for an acquisition if the contract is…

Section 45AZA — Acquisitions void if put into effect while stayed

(1) This section applies to an acquisition that is put into effect, or purportedly put into effect, in contravention of section 45AY. (2) The acquisition is, and is taken always to have been, void by…

Section 45DA — Secondary boycotts for the purpose of causing substantial lessening of competition

(1) In the circumstances specified in subsection (3), a person must not, in concert with a second person, engage in conduct: (a) that hinders or prevents: (i) a third person supplying goods or…

Section 45EA — Provisions contravening section 45E not to be given effect

A person must not give effect to a provision of a contract, arrangement or understanding if, because of the provision, the making of the contract or arrangement, or the arriving at the understanding,…

Section 45AB — Definitions

In this Division: benefit includes any advantage and is not limited to property. bid includes: (a) tender; and (b) the taking, by a potential bidder or tenderer, of a preliminary step in a bidding or…

Section 45AZB — Providing false or misleading information

A person contravenes this section if: (a) the person gives information to the Commission or the Tribunal under an acquisitions provision; and (b) the information is false or misleading in a material…

Section 45DB — Boycotts affecting trade or commerce

(1) A person must not, in concert with another person, engage in conduct for the purpose, and having or likely to have the effect, of preventing or substantially hindering a third person (who is not…

Section 45EB — Sections 45D to 45EA do not affect operation of other provisions of Part

Nothing in section 45D, 45DA, 45DB, 45DC, 45DD, 45E or 45EA affects the operation of any other provision of this Part.

Section 45AC — Extended meaning of party

For the purposes of this Division, if a body corporate is a party to a contract, arrangement or understanding (otherwise than because of this section), each body corporate related to that body…

Section 45DC — Involvement and liability of employee organisations

Certain organisations taken to be acting in concert (1) If 2 or more persons (the participants), each of whom is a member or officer of the same organisation of employees, engage in conduct in…

Section 45AD — Cartel provisions

(1) For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if: (a) either of the following conditions is satisfied in relation to the provision:…

Section 45D — Secondary boycotts for the purpose of causing substantial loss or damage

(1) In the circumstances specified in subsection (3) or (4), a person must not, in concert with a second person, engage in conduct: (a) that hinders or prevents: (i) a third person supplying goods or…

Section 45DD — Situations in which boycotts permitted

Dominant purpose of conduct relates to employment matters—conduct by a person (1) A person does not contravene, and is not involved in a contravention of, subsection 45D(1), 45DA(1) or 45DB(1) by…

Section 45AE — Meaning of expressions in other provisions of this Act

In determining the meaning of an expression used in a provision of this Act (other than this Division, subsection 6(2C), paragraph 76(1B)(b) or subsection 93AB(1A)), this Division is to be…

Section 45E — Prohibition of contracts, arrangements or understandings affecting the supply or acquisition of goods or services

Situations to which section applies (1) This section applies in the following situations: (a) a supply situation—in this situation, a person (the first person) has been accustomed, or is under an…